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USMC | DRB | 2000_Marine | MD00-00891
Original file (MD00-00891.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT

ex-LCpl, USMCR
Docket No. MD00-00891

Applicant’s Request
The application for discharge review, received 000707, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010502. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/UNSAT PARTICIPATION IN READY RESERVE, authority: MARCORSEPMAN 6213.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. Dear Sir or Madam,

On November 5, 1998 1 was discharged from the Selected Marine Corps Reserve. My Characterization of Service is, Under Other Than Honorable Conditions and the Separation Code is HSG1 - (Failure to Participate - Reserve not on active duty). Under this Discharge I have found hardship trying to apply for employment with Law Enforcement Agencies in the State of Florida. I would like to request an upgrade in my Characterization of Service to an Honorable Discharge. Since I have been discharged from the Marine Reserve, I have been employed with the Florida Department of Corrections and I am now a Police Officer with the Panama City Police Department. I am making Law Enforcement a career and an Honorable Discharge will help in my future. I realize the decision on not attending monthly drills was wrong. I have learned my lesson and wish not to be punished for the rest of my life. So please take into consideration the Characterization of Service upgrade. I have enclosed a copy of my performance evaluation from the Department of Corrections. I have not received an evaluation from the Police Department at the time of this letter. Thank you for your time in this matter. Sincerely,
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of Review and Performance Planning dated October 11, 1999
Applicant's ltr to the Board dtd Mar 12, 2001
Florida Department of Law Enforcement (Official Gard Notification) dtd 9/22/1999
Applicant's Request for Conditional Release to join the Army dtd 8/07/94 (2 pages)
Applicant's Father ltr to General C_ E. M_, Jr, dtd Nov 15, 1994
Admin Reduction Notification and Discharge Notification
Applicant's Statement concerning Performance dtd Nov 14, 1994
Applicant's Father ltr to Colonel M.A. S_ dtd Dec 19, 1994
Certificate for Meritorious Mast 24 Jul 94
 Certificate for Course Completion (Fundamentals of Marine Corps Leadership) 20 Jun 96
Certificate for Meritorious Mast 9 Jul 96
George Stone Area Vocation Technical Center Certificate for course completion (Basic Recruit Corrections) dtd 17 Jul 97
George Stone Area Vocation Technical Center Certificate for Perfect Attendance (Corrections class #45) dtd 17 Jul 97
Character Reference ltr from Chief of Police, City of Pensacola, dtd Aug 97
Character Reference ltr from Principal, J. M. T_ High School dtd Aug 24, 97
Gulf Coast Community College Certificate of Course Completion (Corrections Crossover to Law Enforcement - 286 hrs) dtd 7 Sep 1999

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 930322               Date of Discharge: 981105

 Length of Service (years, months, days):

         Active: 00 07 04
         Inactive: 05 00 09

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 48

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.43 (12)                     Conduct: 4.44 (12)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, MM (2), SMCRM (2), AFRM

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/UNSAT PARTICIPATION IN READY RESERVE; authority: MARCORSEPMAN 6213.

 Chronological Listing of Significant Service Events :

930324:  Enlistment contract into the USMCR documents acknowledgement of the requirement to participate in 48 scheduled drills and not less than 14 days of annual training per year for 6 years upon completion of initial active duty training.

930314:  Commenced initial active duty for training.

930814:  Released from IADT, having served 4 months, 21 days. Service characterized as honorable.

931005:  Applicant to required active duty.

931216:  Applicant released from active duty, having served 2 months 12 days. Service characterized as honorable.

980729:  Commanding officer notified the applicant of unsatisfactory drill participation via certified letter.
980818:  Letter of intent to administratively separate under other than honorable conditions for the failure to participate in reserve training was sent via certified mail, return receipt requested. Applicant receipted for letter by return signature but failed to acknowledge the contents.
980818:          Applicant having received the letter of intent to separate did not return the Acknowledgment of Rights to the command.

980913:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to unsatisfactory participation in the Ready Reserve. The factual basis for this recommendation was excessive unexcused absences from scheduled drills. Comments: "LCpl (Applicant) has established a pattern of repetitive absenteeism from normally scheduled drills and lacks mobilization readiness. Attempts to induce him to regain a satisfactory status in the Reserve program consisted of calls from the Executive Officer and staff, as well as twenty days letters from Command. All attempts have failed with negative response from SNM. Personal service was not attempted due to the Marine living outside the fifty mile radius from the Reserve Center. Therefore, in the interest of this command, it is strongly recommended that this marine be processed fro discharge in lieu of being assigned to involuntary active duty for training or transferred to the Individual Ready Reserve."

980913:  Commanding officer notified the applicant of proficiency and conduct marks during calendar year of 1998.

981015:  SJA review determined the case sufficient in law and fact.

981015:  GCMCA [Commander, Marine Forces Reserve] directed the applicant's discharge under conditions other than honorable by reason of misconduct due to unsatisfactory participation in the Ready Reserve.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 981105 under other than honorable conditions for misconduct due to unsatisfactory participation in the Ready Reserve (A, B, and C). The Board presumed regularity in the conduct of governmental affairs (D). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (E and F).

In the applicant’s issue 1,

Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6213 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95.

B. Marine Corps Reserve Administrative Management Manual, MCO P1001R.1, Chapter 3, Reserve Participation and Administrative Procedures, paragraph 300.

C. Table 61 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95, Guide for Characterization of Service.

D. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

E. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

F. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT
If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive. You should read Enclosure (5) of the Directive before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may view DoD Directive 1332.28 and other Decisional Documents by going online at “ afls14.jag.af.mil ”.

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023      


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